Through the years, I have put up with a lot from Associate Justice Antonin Scalia, who I have always said has retained an admirable level of consistency and intellectual honesty in his views even though I often disagree with him. Nevertheless, I have criticized his conduct in public, including his enthusiastic embrace of being a conservative “celebrity justice” (here and here), shocking elitism in speaking with law students, and making public comments on issues before the Court (here and here). Yet, I have always tempered this criticism with a degree of respect for Scalia’s consistent adherence to a jurisprudential foundation that is missing with some of his other colleagues. However, he has finally gone too far. I am done. This week, Scalia did his usual ill-considered comments about issues before the Court but added in a speech in Chicago (my home town) at the Union club about Chicago-Style pizza. To the boos of the audience, Scalia declared that Chicago-Style pizza is not pizza but some form of “tomato pie.” It is not just injudicious but downright sacrilegious. In my view, Scalia has crossed the line into potentially impeachable conduct in his attack on this highest form of pizza and should be removed faster than one of those pathetic New York wafers that people fold and call pizza.
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There is an interesting case before the California Supreme Court on the liability of hosts for guests at parties where a cover-charge is required. California law immunizes hosts who serve alcohol to intoxicated guests, but these parties involve payment that creates an ambiguity in the scope of the state law. The case involves Jessica Manosa, who was 20 years old when she hosted a party at her parents’ rental home and charged $3 to $5 to strangers. One of those guests proceeded to drink too much and ran over another guest, Andrew Ennabe (left), the Cal State Fullerton student.
